Penalty. 1901, 423, § 6. Amended. 1902, 453, § 4. for having illegal coal, etc., measures. 1758-9, 16, § 6. 1772-3, 8, §§ 6-8. his request by the person taking charge of the baskets or goods after weighing or measuring, the capacity of the baskets measured or quantity of goods determined, and the name of said person, and, in the case of a re-weighing as aforesaid, shall state the weight as given in the certificate and as determined by him. No charge shall be made by any such sealer for anything done under the provisions of this and the two preceding sections. SECTION 91. Whoever violates any provision of the seven preceding sections or fails to comply with any request for information or direction made under authority thereof, or gives a false answer to any such request, shall for each offence be punished by a fine of not more than fifty dollars; and whoever shall be guilty of any fraud or deceit relative to the weighing, selling or delivering of coke, charcoal or coal, shall for each offence be punished by a fine of not more than one hundred dollars. Sealers of weights and measures shall cause the provisions of the seven preceding sections to be enforced in their respective cities and towns. SECTION 92. A vendor of coal, coke or charcoal who has in his possession a basket, bag or other measure which does not conform in every particular to the requirements respecting it, with intent to use or permit it to be used in measuring coal, coke or charcoal sold or offered for sale, shall be punished by a fine of not more than twenty dollars, and such basket, bag or measure 1853, 305, § 3. shall be destroyed. 1833, 193, § 2. R. S. 28, § 208. 1852, 302, § 1. 1859, 250, §§ 1, 2. Seizure of illegal measures; arrest, etc. 1758-9, 16, § 7. 1772-3, 8, § 8. 1796, 67, § 6. R. S. 28, § 206. 1852, 302, § 2. 1853, 305, § 4. 1859, 250, G. S. 49, § 193. P. S. 60, 87. 1883, 218, § 2. SECTION 93. The mayor and aldermen of a city or the selectmen of a town shall appoint one or more persons whose duty it shall be to seize all baskets, bags or measures used or intended to be used for measuring coal, coke or charcoal, which do not conform to the foregoing provisions, to arrest without warrant any person who has in his possession such baskets, bags or measures and to prosecute him under the provisions of the preceding section. The tribunal by which he is convicted shall order said baskets, bags and measures to be destroyed. Acts of 1903, Chapter 484. An Act to provide for Licensing Dealers in Coal and Coke. SECTION 1. It shall be unlawful for any person, firm or corporation to engage in or carry on the business of selling coal or coke, as principal or agent, in any city or town, at wholesale or retail, either by maintaining a place of business or by peddling Licenses to be issued by the the same from house to house, or otherwise, without first obtaining a license so to do from the secretary of the Commonwealth. [SECTION 2. Such licenses shall be granted by the secretary of the Commonwealth for such periods and upon the payment of such fees, not exceeding five dollars, and upon such conditions and terms as may be prescribed in cities by ordinance and in Repealed. towns by by-laws.] secretary of the Commonwealth. 1906, 434, § 1. issued by the secretary of the Commonwealth. 1906, 434, Section 2. The said license may be granted by the secretary Licenses to be of the Commonwealth for such period, and upon such conditions and terms as may be prescribed in cities by ordinance and in towns by by-laws, and upon the payment of such fees, not exceeding one dollar for each year of its continuance, as may be prescribed by the secretary. [SECTION 3. The said licenses may be suspended or revoked at any time by the secretary of the Commonwealth, after a fair hearing given to the licensee, for using false weights and measures, for charging extortionate prices, for conspiring, combining unlawfully with other persons, or unlawfully discriminating in the conduct of said business, or for any other just and sufficient reason.] § 1. Licenses may be 1906, 434, revoked. 1906, 434, § 2. Section 3. The said licenses may be suspended or revoked at Licenses may be any time by any justice of the superior court, after due hearing, suspended or upon complaint in such form as he may require, for using false weights or measures, for charging exorbitant or excessive prices, for conspiring, combining unlawfully with other persons, or unlawfully discriminating in the conduct of said business, or for any other just and sufficient reason. Licensees aggrieved may appeal to a the superior justice of [SECTION 4. Any licensee aggrieved by the suspension or revocation of his license may appeal to any justice of the superior court who shall hear the parties as soon as may be, and whose decision sustaining, modifying or annulling the action of the licensing authority shall be final and binding upon all parties. 1906, 434, Pending such appeal and a decision thereon the license shall continue in force.] SECTION 5. It shall be the duty of any licensee as aforesaid to give public notice that he holds the license by displaying the word "License", and the number of his license at his place of business and on all vehicles employed by him in his business and in such other manner as the licensing authority may direct. It shall be unlawful for any such persons, firms or corporations not so licensed to designate themselves as licensed or to use the word "licensed 99 upon any vehicle or in any place. court, etc. Repealed. § 3. - to give public notice, etc. SECTION 6. Whoever violates any provision of this act shall be punished by fine of not more than fifty dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. [Approved June 26, 1903. Revised Laws, Chapter 98, § 3. Of the Observance of the Lord's Day. SECTION 3. The provisions of the preceding section shall not be held to prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, heat or motive power, ... Acts of 1909, Chapter 420. An Act relative to the Performance of Work on the Lord's Day. SECTION 1. The police commissioner of the city of Boston, or any member of the police department having a rank not lower than that of captain and designated by said commissioner, or the chief of police of any other city or of any town, upon such terms and conditions as he deems reasonable may issue a permit for the performance on the Lord's day of necessary work or labor which, in his judgment, could not be performed on any other day without serious suffering, loss, damage, or public inconvenience. Such permit shall cover not more than one day and shall be issued not more than six days prior to the day for which it is issued. SECTION 2. The provisions of section two of chapter ninetyeight of the Revised Laws shall not apply to any person working under, and complying with, the provisions of a permit granted as aforesaid. SECTION 3. This act shall take effect upon its passage. [Approved May 21, 1909. CHAPTER 34. OF THE MANUFACTURE AND DISTRIBUTION OF GAS towns may electricity. 1891, 870, § 1. 158 Mass. 129. 155 Mass. 601, 163 Mass. 346. street rail 533. 150 Mass. 592. 605. See as to ways, 1906, § 158. SECTION 1. A city or town may, in accordance with the Cities and provisions of this chapter, construct, purchase or lease, and manufacture, maintain within its limits, one or more plants for the elected manufacture or distribution of gas or electricity for furnishing light for municipal use, or light, heat or power, except for the operation of electric cars, for the use of its inhabitants. Such plants may include suitable land, structures and machinery and other apparatus and appliances for manufacturing, using and distributing gas or electricity 463, 111., for said purposes. SECTION 2. A city shall not acquire such a plant until Vote under it has been so authorized by a vote of two-thirds of each in cities. branch of its city council passed in each of two consecutive $2. municipal years and thereafter ratified by a majority of $7. the voters at an annual or special city election. If such 448. a vote is not ratified, no similar vote shall be submitted for ratification within one year thereafter. Such vote of the city council shall be subject to the approval or veto of the mayor. this chapter 1891, 370, 1893, 454, 1894, 432, in towns. 1891, 370, 163 Mass. 346. SECTION 3. A town shall not acquire such a plant until it has been so authorized by a vote of two-thirds of the $3. voters, taken by ballot with the use of the voting list, at each of two town meetings called for the purpose and held at intervals of not less than two nor more than thirteen months. If such vote fails of passage at the second meeting no similar vote shall be passed within two years thereafter. of vote of § 1. SECTION 4. After a city or town has voted under the Certification provisions of the two preceding sections, the city or town acceptance. clerk shall forthwith transmit to the board of gas and electric light commissioners a certified copy of so much of the records of the city council or of the town as relates to the result of the vote. SECTION 5. If a city or town which has authorized the acquisition of such a plant subsequently votes to establish, purchase, reconstruct, extend or enlarge a plant, or to issue bonds on account of the same, or to regulate the management or conduct thereof, or to adopt an ordinance or bylaw relative to such plant, the city or town clerk shall,
of subsequent votes. and ordi1892, 259, nances. § 2. within ten days after such vote, transmit to the board of gas and electric light commissioners a certified copy thereof. SECTION 6. A city or town clerk who fails or neglects to comply with the provisions of the two preceding sections shall, for each offence, forfeit not more than twenty-five dollars. Acts of 1906, Chapter 463, Part III., §§ 59, 60, 61, 62, 63, 155, 160. SECTION 59. A city or a town shall not manufacture or distribute electricity for furnishing light, heat or power for the operation of the cars of a street railway company. 1891, 370, § 1. R. L. 34, § 1. 153 Mass. 129. 163 Mass. 346. SECTION 60. A town in which no person or corporation is engaged in the business of generating or distributing electricity for sale for lighting purposes and which is not itself engaged in such business, and which has voted or shall vote, in accordance with the provisions of chapter thirty-four of the Revised Laws, to construct one or more plants for the manufacture or distribution of electricity for furnishing light for municipal use or for the use of its inhabitants, or for both purposes, may make contracts, for a term not exceeding ten years, with any street railway company operating a street railway in such town, for the purchase of electricity from such street railway company, for the purpose of furnishing light for municipal use or for the use of its inhabitants, or for both purposes; and any street railway company may make contracts for furnishing electricity as aforesaid to a town, but the same shall not become operative unless the board of railroad commissioners shall, after public notice and a hearing, approve the terms thereof as consistent with the public interests. SECTION 61. The electricity supplied by a street railway company to a town shall be delivered to the distributing system of said town at some specified place or places therein, and the meter or meters through which such electricity is measured shall be a part of the distributing system. SECTION 62. If a town voting to purchase electricity from a street railway company is unable to agree with such company at the expiration of a contract made in accordance with the provisions of section sixty upon the price to be paid for electricity by, or upon the manner in which electricity is to be furnished to, said town in the future, such town through its selectmen may apply to the board of railroad commissioners to fix the price which said town shall pay for said electricity to, and the manner |